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2025 DAILYLAW 6099 (ORI)

NIBEDITA RAY v. ODISHA INFORMATION COMMISSION, BBSR

WP(C)/15566/2025 · 2026-05-15

R K Pattanaik

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.15672 of 2025 Purna Chandra Nayak …. Petitioner Mr. Akhand, Advocate -Versus- Odisha Information Commission, Bhubaneswar & others …. Opposite Parties Mr. B. K. Dash, Advocate And W.P.(C) No.15566 of 2025 Smt. Nibedita Ray …. Petitioner Mr. Akhand, Advocate -Versus- Odisha Information Commission, Bhubaneswar & others …. Opposite Parties Mr. B. K. Dash, Advocate CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 15.05.2026 03. 1. Both the writ petitions are taken up together and disposed of by the following common order. 2. Heard Mr. Akhand, learned counsel for the petitioners and Mr. Dash, learned counsel for the State Information Commission. 3. Instant writ petitions are filed challenging the impugned orders at Annexure-1 passed by opposite party No.1 in respect p. 2 of Complaint Case Nos.64 and 850 of 2021 on the grounds stated therein. 4. In course of hearing, it is submitted that in an identical case, this Court in W.P.(C) No.16736 of 2025 dated 23rd April, 2026 directed restoration of the complaint irrespective of any such appeal filed under Section 19(1) of the RTI Act. The submission is that the complaint is independently maintainable in view of the Section 18 thereof. Since, the case at hand is covered by the order (supra), Mr. Akhand, learned counsel for the petitioners submits that a similar direction is necessary restoring the complaints before the State Information Commission for its disposal according to law. Recorded the submission of Mr. Dash, learned counsel for the State Information Commission. Mr. Dash, learned counsel while justifying the impugned order at Annexure-1 submits that the complaints are not maintainable in view of the provision of appeal under Section 19(1) of the Act. As question involved is already dealt with and disposed of in W.P.(C) No.16736 of 2025 (Subhash Chandra Pradhan Vrs. State of Odisha and another), this Court is inclined to hold that the complaints before the State Information Commission are to be restored. 5. Accordingly, it is ordered. 6. In the result, the writ petitions stand disposed of with a direction as aforesaid. As a necessary corollary, the impugned orders at Annexure-1 in Complaint Case Nos.64 and 850 of 2021 are hereby set aside. Consequently, the proceedings in the p. 3 complaints are restored to file of opposite party No.1 with a direction to ensure its disposal as per and in accordance with law within a reasonable time and if possible by 30th June, 2026. 7. Urgent copy of this order be issued as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer